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All Outputs (377)

Advance euthanasia directives and the Dutch prosecution. (2020)
Journal Article
Hughes. (2020). Advance euthanasia directives and the Dutch prosecution. Journal of Medical Ethics, 253-256. https://doi.org/10.1136/medethics-2020-106131

In a recent Dutch euthanasia case, a woman underwent euthanasia on the basis of an advance directive, having first been sedated without her knowledge and then restrained by members of her family while the euthanasia was administered. This article con... Read More about Advance euthanasia directives and the Dutch prosecution..

Coronavirus and the homeless: Why increasing police powers is not the answer (2020)
Journal Article
Emmerich, F., & Adams, F. (2020). Coronavirus and the homeless: Why increasing police powers is not the answer

What would be a humane response to the needs of the most vulnerable in society during a humanitarian crisis? Lock them up — that’s what the new Emergency Coronavirus Bill proposes. The Government introduced it on Thursday (March 19) to Parliament. Read More about Coronavirus and the homeless: Why increasing police powers is not the answer.

The Decolonisation of Children's Rights and the Colonial Contours of the Convention on the Rights of the Child (2020)
Journal Article
Faulkner. (2020). The Decolonisation of Children's Rights and the Colonial Contours of the Convention on the Rights of the Child. International Journal of Children's Rights, 66 - 88. https://doi.org/10.1163/15718182-02801009

The United Nations Convention on the Rights of the Child (uncrc) 1989 has been celebrated for its universal acceptance. However, questions still arise around its provenance and representation. In particular, the Convention is deemed to enshrine Weste... Read More about The Decolonisation of Children's Rights and the Colonial Contours of the Convention on the Rights of the Child.

The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law (2020)
Journal Article
Nehushtan, Y. (2020). The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law. Israel Law Review, 135-158. https://doi.org/10.1017/S0021223719000189

Ever since the Wednesbury decision in 1947 UK public law has been applying the concepts ‘rationality’ and ‘reasonableness’ indistinguishably. Rationality has also been used as a ‘mega ground of judicial review’, covering many other, distinct grounds... Read More about The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law.

Let us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes (2020)
Journal Article
(2020). Let us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes. Law and Practice of International Courts and Tribunals, 389-415. https://doi.org/10.1163/15718034-12341410

This overview illustrates that there is a gap in our knowledge of how domestic courts handle investorstate disputes. As it turns out, some foreign investors use the domestic courts of the host State prior to initiating investment treaty arbitration.... Read More about Let us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes.

Charitable Purposes, Demonstrable Benefit and the Role of the Charity Commission: The Fourth Pemsel Head Recast (2020)
Journal Article
(2020). Charitable Purposes, Demonstrable Benefit and the Role of the Charity Commission: The Fourth Pemsel Head Recast. Northern Ireland Legal Quarterly, 445-465

The Charities Act 2011 requires that charitable purposes must fit within one or more of the statutory descriptions of ‘charity’ and, demonstrably, be in the public benefit. From the perspective of the now dismantled fourth Pemsel head of charity, thi... Read More about Charitable Purposes, Demonstrable Benefit and the Role of the Charity Commission: The Fourth Pemsel Head Recast.

The Uneasy Relationship between Intra-EU Investment Tribunals and the Court of Justice’s Achmea Judgment (2019)
Journal Article
(2019). The Uneasy Relationship between Intra-EU Investment Tribunals and the Court of Justice’s Achmea Judgment. https://doi.org/10.2139/ssrn.3496797

This paper focuses on the ways in which investment tribunals constituted under intra-EU BITs and the Energy Charter Treaty (in an intra-EU dispute) have reacted to the Court of Justice’s Achmea judgment of 6 March 2018. The first part of the paper ma... Read More about The Uneasy Relationship between Intra-EU Investment Tribunals and the Court of Justice’s Achmea Judgment.

Unspoken and unthinkable: The older disabled body in judicial discourse (2019)
Journal Article
Pritchard-Jones. (2019). Unspoken and unthinkable: The older disabled body in judicial discourse. International Journal of Law and Psychiatry, 101525 - 101525. https://doi.org/10.1016/j.ijlp.2019.101525

While much has been said about gendered bodies in legal discourse, as yet relatively little has been written about older bodies. This is surprising given the fact older people are statistically far more likely to be the subjects of certain areas of l... Read More about Unspoken and unthinkable: The older disabled body in judicial discourse.

PrEP in Prisons: HIV prevention in incarcerated populations. (2019)
Journal Article
Parsons. (2019). PrEP in Prisons: HIV prevention in incarcerated populations. International Journal of Prisoner Health, 199 - 206. https://doi.org/10.1108/IJPH-09-2019-0053

PURPOSE: The purpose of this paper is to discuss the possibility of using pre-exposure prophylaxis (PrEP) as an HIV harm reduction intervention in prisons. PrEP is primarily discussed in relation to men who have sex with men (MSM), meaning other high... Read More about PrEP in Prisons: HIV prevention in incarcerated populations..

Alleviating Anxiety and Cultivating Care: Young Trans People in the Family Court of Australia (2019)
Journal Article
Raj, S. (2020). Alleviating Anxiety and Cultivating Care: Young Trans People in the Family Court of Australia. Australian Feminist Law Journal, 45(1), 111-130. https://doi.org/10.1080/13200968.2019.1636752

The distress and anxiety faced by young trans(gender) people generates varied social, medical, and legal concerns. In Australia, minors have had to appeal to the jurisdiction of the Family Court of Australia if they wished to undergo medical or surgi... Read More about Alleviating Anxiety and Cultivating Care: Young Trans People in the Family Court of Australia.

From east to west, can feminist legal strategies be transformative? Post-disaster to everyday times of crisis (2019)
Journal Article
Krishnadas, J. (2019). From east to west, can feminist legal strategies be transformative? Post-disaster to everyday times of crisis. Jindal Global Law Review, 247-268. https://doi.org/10.1007/s41020-019-00103-3

This article engages with a key question raised by feminist legal scholars from the east to the west: whether women should or should not engage in rights strategies? Are rights systematically exercised to reproduce patriarchal, dominant sites of just... Read More about From east to west, can feminist legal strategies be transformative? Post-disaster to everyday times of crisis.

Outlaw girls escape from prison: Gender, resistance and playfulness (2019)
Journal Article
Emmerich, F. (in press). Outlaw girls escape from prison: Gender, resistance and playfulness. Punishment and Society, 22(2), 207-226. https://doi.org/10.1177/1462474519873656

Prison resistance practices are increasingly understood as gendered and linked to subjectivation. This article builds on this growing body of knowledge, but with a different and largely under explored focus, namely the confrontational resistance prac... Read More about Outlaw girls escape from prison: Gender, resistance and playfulness.

From Homophony to Polyphony: Law and Music a Consonant Duet for Future Legal Thinking and Practice? (2019)
Journal Article
(2019). From Homophony to Polyphony: Law and Music a Consonant Duet for Future Legal Thinking and Practice?. The Student Journal of Professional Practice and Academic Research, https://doi.org/10.19164/sjppar.v1i2.871

This paper examines the extent to which the law should mirror music as a discipline that embraces the value of community in the diverse sense in order to accommodate difference. The paper advocates that the law should shift from privileging community... Read More about From Homophony to Polyphony: Law and Music a Consonant Duet for Future Legal Thinking and Practice?.

Reflecting On “Hannah’s Choice”: Using The Ethics Of Care To Justify Child Participation In End Of Life Decision-making (2019)
Journal Article
(2019). Reflecting On “Hannah’s Choice”: Using The Ethics Of Care To Justify Child Participation In End Of Life Decision-making. Medical Law Review, 124-154. https://doi.org/10.1093/medlaw/fwz011

It has been ten years since the case of Hannah Jones – the 12 year-old girl who was permitted to refuse a potentially life-saving heart transplant. In the past decade, there has been some progress within law and policy in respect of children’s partic... Read More about Reflecting On “Hannah’s Choice”: Using The Ethics Of Care To Justify Child Participation In End Of Life Decision-making.